2021 QCCQ 12579, 2021 QCCQ 12579

Protection de la jeunesse — 214066 2021 QCCQ 12579 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN […] Youth Division No: 760-41-006522-216 DATE: May 19, 2021 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X , born on […], 2003 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant -and- A B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The adolescent resides in a rehabilitation center since December 2020 in virtue of an agreement on voluntary measures.

Although the follow-up was agreed upon until his majority, the placement was for only four months. [ 2 ] The Director of Youth Protection submits that the adolescent’s behavioural issues continue to overwhelm his parent’s capacities, requiring an additional period of placement in a rehabilitation center. [ 3 ] Both the adolescent and his parents agree to this orientation. [ 4 ] The Court endorsing the conclusions, follows the elements motivating this decision.

Analysis and decision [ 5 ] The parents share custody of the adolescent. [ 6 ] The adolescent presents various behavioural disturbances in his home and school environment, including physical and verbal violence, opposition and disregard of rules. [ 7 ] He is diagnosed with disruptive mood dysregulation disorder with an additional hypothesis of borderline personality trait disorder. He also suffers from memory limitations which also affect his functioning. [ 8 ] His parents seek services for their son. He benefits from a follow-up with a psychiatrist and a psychologist. [ 9 ] This situation intensifies over time.

The parents recognize not always responding properly to their son’s behaviours by not maintaining the structure in place. The family dynamic becomes dysfunctional. [ 10 ] As of January 2021, voluntary measures are put in place, entrusting the adolescent to a rehabilitation center for four months with a follow-up until his majority.

The objectives are that the adolescent gain control of his behaviours while his parents work on their interventions and better communication. [ 11 ] Despite the structure and services in place, the adolescent continues to exhibit significant behavioural issues and his rehabilitation remains unachieved. As such, the Court intervenes to maintain his placement on a provisional basis. [ 12 ] He visits his parents on alternating weekends.

While these visits are generally positive, the adolescent continues to struggle with anger management. [ 13 ] Both parents recognize the ongoing struggles with their son and work collaboratively with the Director.

[ 14 ] The father no longer considers that his environment can sustain his son’s needs. For her part, the mother is ready to progress to her son’s reintegration, with the expectation that he can respect the structure and routine in place. [ 15 ] The adolescent’s situation is complex. The impacts of his neurological issues result in a significant vulnerability on many levels.

With his majority looming, his needs must be addressed in order to respond to his particular limitations and accompany him in this stage. [ 16 ] As such, the Court understands that the parties deem crucial that he receive an updated neurological assessment to further focus the services and resources he requires to stabilize his functioning. [ 17 ] After evaluating the evidence and taking act of the consent of the parties, the Court endorses the conclusions sought.

FOR ALL THESE REASONS, THE COURT: [ 18 ] GRANTS the application for protection; [ 19 ] DECLARES the security and the development of the adolescent in danger for the following reasons: • educational neglect (article 38b)1)iii) Youth Protection Act ); • serious behavioural disturbance (article 38f) Youth Protection Act ); [ 20 ] ENTRUSTS the adolescent to an institution operating a rehabilitation centre chosen by the Director of Youth Protection A until August 31, 2021; [ 21 ] AUTHORIZES the progressive and/or complete reintegration of the adolescent with his parents as of June 30, 2021, upon agreement between the parties; [ 22 ] ENTRUSTS the adolescent to his family environment as of August 31, 2021; [ 23 ] ORDERS that the contacts between the adolescent and his parents be following agreement between the parties; [ 24 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or their child’s regard to put an end to the situation in which his security or development is in danger; [ 25 ] ORDERS that the parents and the adolescent take an active

part in the application of the measures ordered; [ 26 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family; [ 27 ] ALL THESE MEASURES until the adolescent’s majority on […], 2021, except the placement; [ 28 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Sarah Gaudry-Staub Attorney for the Applicant Me Karine P. Poissant Attorney for the adolescent Date of hearing: May 19, 2021 Date of signature: June 23, 2021